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Die Beziehung zwischen dem Wettbewerbsrecht und dem Recht geistigen Eigentums gilt seit jeher als problematisch. Für viele ist sie inhärent konfliktär. Während das Wettbewerbsrecht darauf gerichtet sei, Marktmacht zu zerstören, bestehe der Zweck des Rechts geistigen Eigentums wie z. B. des...

This paper investigates the effectiveness of the new Council Regulation (EC) 1/2003 which replaces the mandatory notification and authorization system by a legal exception system. Effectiveness is operationalized via the two subcriteria compliance to Art. 81 EC Treaty and the probabilities of...

The aim of this paper is to describe in detail a set of newly developed indicators of the quality of competition policy, Competition Policy Indexes, or CPIs. The CPIs measure the deterrence properties of a competition policy in a jurisdiction, where for competition policy we mean the antitrust...

According to the essential facilities doctrine, competition law requires an infrastructural monopoly to provide access. Under the "Bronner criterion", proposed by the EC Court, the doctrine is only applicable when an infrastructural duopoly is non-viable. This paper uses a simple model to...

Using a sample of 96 mergers notified to the EU Commission and logit regression techniques, we analyse the Commission's decision process. We find that the probability of a phase 2 investigation and of a prohibition of the merger increases with the parties' market shares. The probability...

The interchange fee applied in four-party card systems transfers incomes in the payment card business from merchants to cardholders. Assessment of the interchange fee and the interpretation of its role have prompted serious professional debate in recent years. Beyond the professional debate,...

This article analyzes the basic characteristics of the Argentine competition law and the way in which it has been enforced in several important antitrust cases. We begin with a section that introduces the evolution of the law, followed by another section about the basic economic and legal...

Damage compensation claims in case of cartels are supposed to increase deterrence, compensate losses and increase efficiency. I show that such claims can instead have adverse effects: If suppliers or buyers of cartelists are compensated in proportion to the profits lost due to the cartel,...

The aim of this paper is to describe in detail a set of newly developed indicators of the quality of competition policy, Competition Policy Indexes, or CPIs. The CPIs measure the deterrence properties of a competition policy in a jurisdiction, where for competition policy we mean the antitrust...